Paul Levine: To speak for the dead

"I don't know where to begin, there's so much to say," she said, obviously knowing exactly where she would begin. I wanted her to say: He was boffing half the stewardesses in town while his first wife lay dying; he made millions bribing county commissioners to grant zoning variances; and if it weren't for high-placed friends in Washington, he would have been indicted for tax evasion. . What she said was: "Phil was the most giving man I've ever known. The way he cared for his first wife when she was terminally ill, if you could have seen that, if you all could have seen it." Then she turned to the jury, an actress facing her adoring audience. "He never thought he could love again, but I brought something to his life. And to me, he was everything-a lover, a friend, even the father I never had. Then for him to die like this, in his prime."

Clever. Very clever. So well rehearsed it didn't look rehearsed. Explaining how a twenty-six-year-old woman marries a fifty-five-year-old man. A father, for crying out loud. No mention that the champagne corks were popping only six weeks after he buried his beloved first wife. And if I bring it out on cross, I'm a cad. It was a virtuoso performance. Even Judge Leonard was listening, practically a first. He had been in a fine mood at motion calendar in the morning, as well he should after Hot Touch paid $10.40, $5.40, and $4.80.

When Dan Cefalo turned to me and said, "Your witness," he was smiling so broadly I almost didn't notice that his fly was half undone and he had buttoned his shirt into his suitcoat.

The occasion called for brilliance. Roger Salisbury looked at me as if I were his last friend in the world. I approached the witness stand with a solicitous smile. I still hadn't made ^U P my mind. Behind those tears I saw a flinty toughness that I would love to bring out. But make a mistake, reduce her to tears or hysterics, and the jury would lynch me and nail enough zeroes on the verdict to buy an aircraft carrier. She looked straight back at me. The full lips lost a bit of their poutiness and set in a firm line. It's there somewhere, I knew. But my investigators couldn't find it in six months and my pretrial deposition came up empty. I couldn't risk it now.

I turned to the judge. "Your Honor," I said, as if seeking his approval, "I believe it would be unfair for us to keep Mrs. Corrigan on the stand to discuss this painful subject. We have no questions." Roger Salisbury sank into his chair looking hopeless and abandoned. Men on Death Row have brighter futures.

"Very well," Judge Leonard said, aiming a small smile in my direction. "Mr. Cefalo, call your next witness."

"The plaintiff rests," Dan Cefalo said, his goofy grin still lighting up the room.

"Any motions?" the judge asked. We approached the bench and the judge sent the jurors out to lunch.

"At this time, the defense moves for a directed verdict," I said without a great deal of conviction.

"On what ground, Mr. Lassiter?" the judge asked.

"On the ground that there's insufficient evidence of proximate cause, first that the surgery caused the aneurysm, and second that the aneurysm caused the death."

"Denied," the judge said before Cefalo even opened his mouth. "The plaintiff's expert testified to that. Whatsa matter, Jake, it's a jury question at least."

I knew that. Somewhere between his Bloody Marys and his White Russians, Dr. Watkins had stuck us on proximate cause, at least sufficiently to beat a directed verdict, but I was giving the judge a little preview of our defense. Oh Dr. Charles W. Riggs, I need you now.

The judge looked over the courtroom, which was emptying, and waved us closer to the bench. With a hand, he signaled the court stenographer to take a hike. "You boys talk settlement?"

A practical enough question. If he could clear us out of the courtroom, he could spend the rest of the week at the track.

"Judge, we offered the policy," I said apologetically. "A million dollars even, all we've got, no excess coverage. They oughta take it and spare the court all this time and effort."

Cefalo shook his head. "Our liquidated damages alone, lost net accumulations for the estate, are over three million. To say nothing of the widow's mental anguish and consortium claims."

The judge laughed. "Danny, your widow lady don't look like she'll be without consortium for long."

Good. I liked hearing that. Maybe the jurors will feel the same. Then we only get hit with three million, enough to wipe out the good doctor several times over.

The judge straightened. "All right, boys. Let's cut through the bullshit. Danny, how much will you take, bottom line?"

"Two-point-five. Today. No structured settlement. All cash."

The judge raised his eyebrows and ran a hand over his bald head. "Attaboy. I always figured you to bet the favorites to show, but you're no ribbon clerk, hey? Jake, whadaya got?"

I turned my pockets inside out and shook my head. "A ^m 'Hion, judge, just the policy. Client's only been in private Practice five, six years. Just finished paying off his debts. He's pulling down big income, but no assets yet. We can't pay it if we don't have it. Besides, he's simply not liable."

Okay, Jake, but it's halftime, and you're getting your ass kicked from here to Sopchoppy. You see what's coming don't you?"

"Sure judge, but you haven't heard my halftime speech."

"Fine, we start with your first witness at one o'clock Court's in recess." With that, he banged the gavel, and the^1 hollow explosion echoed off the high, beamed ceiling. Roger Salisbury slumped onto the defense table as if felled by a rifle shot.

I headed into the corridor, nearly smashing into the lovely widow. She didn't notice. She was toe-to-toe with another young woman. Each was jawing at the other, faces inflamed just a few inches apart like Billy Martin and an umpire. 1 didn't recognize the other woman. No makeup, short cropped jet black hair, a turned-up nose and a deep tan, blue jeans and running shoes, maybe the last pretty woman in Miami with thick glasses. Tortoiseshell round frames, giving her a professorial look. Her language, though, was not des tined to win tenure. "You're a conniving slut and a little whore, and when I get to the bottom of this, we'll see who's out in the cold!"

The widow's eyes had narrowed into slits. No tears now Just sparks and flames. "Get away from me you ingrate, anc clear your junk out of the house by six tonight or your ratty clothes will be floating in the bay."

Dan Cefalo stepped in and separated the two. "Miss Corri-gan, I think you best leave."

Oh, Miss Corrigan. The one with the colorful vocabulary must be Philip Corrigan's daughter by his first marriage. I followed her down the corridor.

"May I be of assistance?" I asked politely. Trying not to be your typical lawyer scavenging on the perimeter of misfortune.

She lowered the thick glasses and studied me with steaming eyes the color of a strong cup of coffee. The eyes had decided not to make any friends today. She looked me up and down, ending at my black wingtips. I could check for wounds later. Her nostrils flared as if I emitted noxious fumes.

"You're that doctor's lawyer, aren't you?" She made it sound like a capital crime.

"Guilty as charged. I saw you discussing a matter with Mrs. Corrigan and I just wondered if I might help…"

"Why? Are you fucking her or do you just want to?" She slid her glasses back up the slope of the ski-jump nose and headed toward the elevators.

"No and yes," I called after her.

My desk was covered with little white telephone messages. Office confetti. You think the universe comes to a halt when you are locked into your own little world, but it doesn't. It goes on whether you're in trial or at war or under the surgeon's knife. Or dead. Dead rich like Philip Corrigan laid out on smooth satin in a mahogany box, or dead poor, a wino facedown in the bay.